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september 2008

Supreme Court of India · 2008-09-18

District Programme Co-Ordinator & Anr vs Abdul Kareem & Anr

Citation / case number
AIR 2009 SUPREME COURT 512
Court
Supreme Court of India
Petitioner
District Programme Co-Ordinator & Anr
Respondent
Abdul Kareem & Anr
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the legality of the termination of the respondent's services under the Industrial Disputes Act, 1947, specifically referencing Section 2(oo)(bb) which pertains to the definition of 'retrenchment'. The Court upheld the Labour Court's finding that the termination was illegal due to the absence of a disciplinary enquiry, thus affirming the reinstatement with back wages, albeit reducing the back wages to 30%. The Court emphasized that the termination did not fall within the exceptions outlined in the Act, reinforcing the necessity of due process in employment termination.

District Programme Co-Ordinator & Anr vs Abdul Kareem & Anr · Niyam